✨ Land Lease Terms
1232
THE NEW ZEALAND GAZETTE.
[No. 37
(3.) Service on the lessee of any notice under this lease may be effected either personally or by posting the same in a registered letter addressed to him either at his last known place of business or abode in the colony or at the demised land.
(4.) The lessee, faithfully observing and performing all the covenants, conditions, and agreements on his part herein contained or implied, shall, on the expiration by effluxion of time of the original and every renewed term, have a recurrent right of renewal of the lease, or to valuation for all substantial improvements of a permanent character made or owned by him and then existing on the demised land: Provided that such right shall exist only to the extent and subject to the conditions following, that is to say:—
(1.) Not sooner than nine nor later than six months before the expiration of any term by effluxion of time two separate valuations shall be made in manner prescribed (mutatis mutandis) by sections 79 and 80 of “The Land Act, 1892,” of
(a.) All such improvements as aforesaid; and of
(b.) The annual ground-rent of the land (exclusive of such improvements as aforesaid) for a fresh term of twenty-one years.
(2.) After the making and publishing of the aforesaid valuations, which shall be effected by serving a copy thereof on the lessee and another copy on the lessor, but not later than one month before the date of such expiration as aforesaid, the lessee shall, by notice in writing served on the lessor, elect whether he will accept a new lease of the demised land (including the aforesaid improvements) for a fresh term of twenty-one years, computed from the date of such expiration as aforesaid, at the annual ground-rent ascertained by valuation as aforesaid, and subject in all other respects to the same covenants and conditions as those of this present lease.
(3.) If for any reason the lessee does not duly elect in manner aforesaid to accept such new lease, or if, having duly elected, he for any reason does not execute such new lease when requested by the lessor so to do, his right to a new lease shall be and be deemed to be abandoned, and the land shall be disposed of by lease, at such time, in such manner, and subject to such conditions, not inconsistent with the said Act and its amendments, and the regulations for the time being in force thereunder, as the lessor thinks fit: Provided that it shall be one of the conditions of the new lease that the new lessee pays to the lessor the amount at which the improvements (if then existing) have been valued as aforesaid, or such less amount as the lessor thinks just, having regard to the extent to which such improvements have deteriorated since the date of the said valuation; and all moneys actually received by the lessor in respect of such valuation shall be paid over to the lessee under this present lease as soon as the lessor is satisfied that the new lessee has been admitted into full and quiet possession of the premises: Provided further that in no case shall the lessee under this present lease have any claim against the lessor in respect of any such improvements, or of the value thereof, save to the extent of the moneys which are actually received as aforesaid from the new lessee, and available for payment, and which the lessee under this present lease becomes actually entitled to.
(4.) When no valid bid or tender is received for any allotment heretofore or hereafter advertised for disposal under the provisions of the said Act, such allotment may at any time within six months from the date of the auction, or opening of tenders, be taken up, subject to all the other provisions of the said Act and these regulations, at the upset price or rental.
Geo. T. Wilkinson,
President, Maniapoto-Tuwharetoa District Maori Land Council.
By Authority: JOHN MACKAY, Government Printer. Wellington.
✨ LLM interpretation of page content
🪶
Lease of Sections in Otorohanga Township by Public Auction
(continued from previous page)
🪶 Māori Affairs3 May 1904
Land lease, Public auction, Otorohanga, Township sections, Kawhia County, Upset rental, Value of improvements, Lease terms, Twenty-one-year lease, Rent payment, Sanitary regulations, Re-entry clause
- Geo. T. Wilkinson, President, Maniapoto-Tuwharetoa District Maori Land Council
- John Mackay, Government Printer
NZ Gazette 1904, No 38